反垄断法的困惑——产业融合对市场界定的突破

Confusion about Anti-trust Theory——A Breakthrough to Market Definition by Industry Convergence

反垄断法的出台与实施,标志着企业竞争新秩序的建立。随着反垄断法的推行,中国反垄断诉讼案件会逐渐增多。反垄断调查与经济分析的第一步就是定义市场。近年来,数字技术在各产业的应用与普及,使得许多原本独立的产业技术由专用转向通用,产品与服务功能由单一转向综合,市场边界模糊或消失,这将给反垄断法的执行带来不小的挑战。

The promulgation and implementation of the anti - trust law marked the establishment of a new competitive order for enterprises. With the implementation of the anti - trust law, the anti - trust eases will gradually increase in China. The first step to anti - trust investigation and economic analysis is to define the market. In recent years, the application and spread of the digital technology has changed the exclusive industrial technology which is originally independent into universal one and the product and service with a single function into integrate ones. The industry borders are beeoming blurry, even vanished. This will bring challenges for the implementation of the anti - trust law.